tuesday, july 12, 2016 - fresno.courts.ca.gov · 12 15cepr01242 reginald d. mehling (estate) 20...

Dept. 303, 9:00 a.m. Tuesday, July 12, 2016

Tuesday, July 12, 2016

The Probate Examiner’s Office recommends approval of the following Probate matters:

12 15CEPR01242 Reginald D. Mehling (Estate)

20 16CEPR00584 Ameliafrances Paul Living Trust

The following cases have been taken off calendar:

3 12CEPR00375 Aiyanna Katigbak (GUARD/PE)

10 15CEPR00842 William George Bongardt (Estate)

19 16CEPR00575 Mauricia Yanez (Det. Succ)

Appearance of counsel is recommended for all remaining matters set for hearing. Thank

you.

http://www.google.com/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&uact=8&ved=0ahUKEwjjkOmStZ7NAhUOQVIKHTxlAXkQjRwIBw&url=http://all-free-download.com/free-vector/download/question_mark_clip_art_9044.html&psig=AFQjCNGn0Eqa8kI2H-M2WF_r-kv4fW2UQg&ust=1465680866525209


1 Cain Blanco, Trinity Blanco and Vanity Blanco (GUARD/P)

Case No. 11CEPR00659 Petitioner: Oriana S. Blanco (pro per)

Guardian: Rosemary Blanco (pro per)

Petition for Termination of Guardianship

ORIANA S. BLANCO, mother, is

petitioner.

ROSEMARY BLANCO, paternal

grandmother, was appointed guardian

on 1/15/13.

Please see petition for details.

Court Investigator Report filed 8/11/15

Court Investigator Supplemental Report

filed 7/6/16

NEEDS/PROBLEMS/COMMENTS:

Continued from 12/8/15. Minute

order states continued for the Court

investigator to re-interview the

parties and provide the Court with

an updated recommendation after

additional time as passed.

1. The proofs of service for the

guardian, the grandparents and

the minors does not include the

name and address of the person

serving the notices. The proof of

service does include a signature

but the signature is illegible.

Cont. from 081815,

091515, 102015,

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Aff. Posting Reviewed by: KT

Status Rpt Reviewed on: 7/5/16

UCCJEA Updates:

Citation Recommendation:

FTB Notice File 1 – Blanco

1


2 Samuel Marcus Adams (Estate) Case No. 12CEPR00326 Atty Flanigan, Philip M. (for Beverly T. Adams – Executor)

Status Hearing Re: Inventory and Appraisal and Filing of the First Account and/or Petition for Final Distribution

DOD: 11/18/2010 BEVERLY T. ADAMS, spouse, was appointed Executor with full

IAEA authority without bond on 06/25/2012.

Letters issued on 06/28/2012.

Inventory and Appraisal was due 10/26/2012.

Status Report and Request for Continuance filed 07/11/2016

states Beverly T. Adams needed to be appointed as Personal

Representative of her late husband’s estate in order to file a

wrongful death lawsuit on his behalf stemming from an

airplane crash in Florida on 11/17/2010. The lawsuit was filed

in Florida Southern District Court on 05/14/2013, Case No.

2:13-cv-14206. On 05/19/2015, the judge dismissed the case

and Plaintiff’s counsel in the litigation matter filed a Motion for

Reconsideration or to Alter and Amend Judgment. The

Judge however denied the Motion for Reconsideration on

03/23/2016. The Plaintiffs’ counsel since has filed an Appeal

with the U.S. Court of Appeals, 11th Judicial Circuit in Atlanta,

Georgia. The Plaintiffs’ counsel received an

Acknowledgment of Appeal on 06/01/2016 with Appeal No.

16-12963-F, and a telephone mediation that is to be held on

07/20/2016. Plaintiffs’ counsel was not able to estimate a

time frame for when a court date will be set for the Appeal in

order to provide this Court with a time frame for filing the I&A

or petition to close this estate.

An Inventory and Appraisal is not needed at this time as

there is currently no real or personal property to be

appraised. The sole probate asset at issue is the potential

recovery in the litigation matter. In the event that the appeal

and subsequent trial is resolved in favor of the decedent, the

Personal Representative will file and Inventory and Appraisal

at that time, as the decedent has no other property subject

to probate. It is respectfully requested that this probate

matter be continued two years resolution of the appeal and

eventually a resolution of wrongful death litigation.

NEEDS/PROBLEMS/

COMMENTS:

Minute Order of

12/08/2015: Counsel

requests six months.

1. Need Inventory and

Appraisal and First

Account or Petition

for Final Distribution.

Cont. from 072613,

110813, 112414,

120914, 060215,

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Aff. Posting Reviewed by: LV


UCCJEA Updates: 07/11/2016


FTB Notice File 2 – Adams

2


3 Aiyanna Katigbak (GUARD/PE) Case No. 12CEPR00375

Attorney Melinda Bell, of San Juan Capistrano (for Guardian Jana Keeley)

Probate Status Hearing Re: Proof of Funds in a Blocked Account

JANA KEELEY, mother, was appointed as Guardian

of the Estate on 9/15/2015, with deposits of

$151,118.83 of life insurance proceeds and funds in

an IRA into a blocked account at Fresno County

Federal Credit Union.

Letters of Guardianship issued on 10/5/2015.

Minute Order dated 9/15/2015 from the hearing on

the petition for appointment of guardian set this

status hearing on 12/15/2015 for filing of proof of

funds deposited into a blocked account.

Minute Order dated 12/15/2015 from the status

hearing for proof of funds placed in blocked

account states counsel represents than an

insurance check was received and deposited last

night, but they are still waiting on an additional

check from Wells Fargo; requests a continuance.

Matter continued to 2/16/2016.

Inventory and Appraisal Partial No. 1 filed 2/2/2016

shows funds deposited into a blocked account

totaling $149,753.11.

Declaration of Melinda S. Bell Regarding Deposit to

Blocked Account filed 7/8/2016 states, in most

pertinent part: The Present Balance is less than the

amount shown in the Receipt and

Acknowledgment of Order for the Deposit of

Money into Blocked Account filed 2/10/16

($149,753.11). The Court authorized an Order for

Withdrawal of Funds of $5,920.00 from Blocked

Account on 10/20/15. The Present Balance

indicated is calculated as follows: Initial Deposit

(filed 2/10/16) $149,753.11; Second Deposit (filed

7/7/16) $4,173.30; total Deposits $153,926.41;

Withdrawal (filed 10/20/15) $5,290.00; Difference

(Positive) w Present Balance (filed 7/7/16)

$148,834.70; the difference of $198.29 is

attributable to interest earned in the Blocked

Account.


OFF CALENDAR

Receipt and Acknowledgment

of Order for the Deposit of

Money Into Blocked Account

filed 2/10/2016 and 7/7/2016.

Continued from 6/21/2016.

Minute Order states Wells Fargo is

ordered to transfer all funds into

the blocked account forthwith.

Also, the Court orders Molly Miller

or a representative who has the

authority to transfer funds to be

personally present or by CourtCall

on 7/12/2016 if funds have not

been transferred by 7/8/2016.

Decedent’s name is Emerson

Katigbak, Account Number

[omitted.]

Note: Receipt and

Acknowledgment of Order for the

Deposit of Money Into Blocked

Account filed 2/10/2016 shows

funds deposited of

$149,753.11.Court requested

receipt for the additional funds of

$1,365.72 in order to demonstrate

total deposit of $151,118.83 as

ordered. Receipt and

Acknowledgment of Order for the

Deposit of Money Into Blocked

Account filed 7/7/2016 shows

funds deposited of $148,834.70.

Declaration of Melinda S. Bell

Regarding Deposit to Blocked

Account filed 7/8/2016 explains

the discrepancy.

Cont. from 121515,

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Aff. Posting Reviewed by: LEG




FTB Notice File 3 – Katigbak

3


4 Sergio Regino Guerrero (GUARD/P) Case No. 12CEPR01066 Petitioner Ayala, Susannha (Pro Per – Mother) Petition for Termination of Guardianship

SUSANNHA AYALA, mother, is petitioner.

Please see petition for details


Minute Order of 05/31/2016: Examiner

notes provided in open Court.

1. Need Notice of Hearing.

2. Need proof of service fifteen (15)

days prior to the hearing of the

Notice of Hearing along with a

copy of the Petition for

Appointment for Termination of

Guardianship for:

Maria Luisa Rodriguez (co-

guardian)

Aciano Chano Rodriguez (co-

guardian)

Mateo Guerrero (Father)

Regino Guerrero (Paternal

Grandfather)

Paternal Grandmother (not

listed)

Jose L. Ayala (Maternal

Grandfather)

Maria Ayala (Maternal

Grandmother)

Cont. from 053116

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UCCJEA Updates:


FTB Notice File 4- Guerrero

4


5A Gary F. Morris, Sr., 2013 Trust Case No. 13CEPR01104 Attorney Nancy J. LeVan (for Petitioner Gary Morris, Jr., Beneficiary)

Attorney Jennifer Walters (for Walter A. Morris, Successor Trustee)

Petition to Compel Accounting by Trustee of the Gary F. Morris, Sr. 2013

Trust and Petition for Distribution of Trust Assets to Doug Standing, Trustee of

the Gary Morris, Jr. Trust and Petition for Fees and Costs

DOD: 10/19/2013 GARY MORRIS, JR., Beneficiary, is

Petitioner.

Petitioner states:

WALTER A. MORRIS was

appointed as Successor Trustee

of the GARY F. MORRIS, SR., 2013

TRUST on 4/1/2014 [copy of Trust

attached as Exhibit A to

Declaration of Clerical Error and

Omissions filed 10/2/2015];

The GARY F. MORRIS, SR., 2013

TRUST terms provide that the

balance of the Trust estate,

including all assets poured into

the Trust as a result of Trustor’s

death, is to be distributed to

BARBARA TURNER, Trustee of the

GARY F. MORRIS, JR., TRUST;

BARBARA TURNER resigned as

Trustee of both Trusts, and

WALTER A. MORRIS was

appointed as Successor Trustee;

Petitioner requests the Court

compel WALTER A. MORRIS, as

Trustee of the GARY F. MORRIS,

SR., 2013 TRUST, to distribute the

remaining assets in the GARY F.

MORRIS, SR., 2013 TRUST to DOUG

STANDING, Trustee of the GARY F.

MORRIS, JR., TRUST within 30 days

of the order approving this

petition;

~Please see additional page~


Page 5B is a Fee Waiver Review.

Continued from 5/31/2016. Minute Order

states Ms. Walters is unsure whether or not

what has been provided is acceptable to

Ms. LeVan. The Court is aware of a late-

filed status report that was not reviewed for

today’s hearing. [Court records do not

show an accounting has been filed as of

7/6/2016.]

Notes for background:

Minute Order dated 5/3/2016 from a

previous hearing states Ms. Walters

called the Court this morning to advise

of her inability to appear today; her

office asked Ms. LeVan to request a

continuance.

Minute Order dated 3/15/2016 from a

previous hearing states counsel is in

disagreement as to what has been

provided. If all of the information has

not been provided by 5/3/2016, then

Walter Morris is ordered to be personally

present or present via CourtCall on

5/3/2016. Walter Morris did not appear

in Court.

Minute Order dated 1/5/2016 from the

a previous hearing states Ms. Walters

represents that there have been

continued difficulties in obtaining the

bank statements, but the accounting is

otherwise completed and ready for

filing. Ms. LeVan agrees to the

accounting being filed without the

missing statements; Ms. Walters will

proceed with the filing.

Cont. from

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UCCJEA Updates:


FTB Notice File 5A – Morris

5A


5A Additional Page, Gary F. Morris, Sr. 2013 Trust Case No. 13CEPR01104

Petitioner states, continued:

GARY F. MORRIS, SR., 2013 TRUST terms provide that the Trustee shall periodically, but not less than

once each year, render an account of its administration of the Trust(s) under the Trust instrument

to all current income beneficiaries;

GARY F. MORRIS, SR’s., date of death is 10/9/2013 [sic]; WALTER A. MORRIS was appointed as

Successor Trustee on 4/1/2014; to date, no accounting has been received from WALTER A.

MORRIS.

Petitioner prays the Court Order:

1. An accounting from WALTER A. MORRIS from the period when he was Successor Trustee of the

GARY F. MORRIS, SR., 2013 TRUST from 4/1/2014 until 8/31/2015;

2. WALTER A. MORRIS, Successor Trustee of the GARY F. MORRIS, SR., 2013 TRUST, [shall] distribute

all of the remaining assets in the GARY F. MORRIS, SR., 2013 TRUST to DOUG STANDING, Trustee

of the GARY F. MORRIS, JR., TRUST within 30 days of the signed of the order approving this

Petition;

and

3. Allowing attorney fees and costs to Petitioner to be paid by Walter Morris for failure to file

accounting and distribute assets pursuant to GARY F. MORRIS, SR., 2013 TRUST terms.

Notes:

Filing fee of $435.00 is currently due from Petitioner, who filed the Petition using a fee waiver,

which is pending. The $435.00 filing fee is appropriately payable from Trust assets. Declaration of

Clerical Error and Omissions filed 10/2/2015 states Petitioner agrees that a filing fee should be paid

by Walter Morris, Trustee of the GARY F. MORRIS, SR., 2013 TRUST; however, Walter Morris is not

communicating with the beneficiary, Gary Morris, Jr., his attorney, nor the Successor Trustee of the

GARY F. MORRIS, JR., TRUST; the beneficiary has no access to funds of the Trust.

Order Setting Bond Amount filed 4/25/2015 set bond at $286,000.00, proof of which was filed on

5/9/2014. Order Reducing Bond Amount filed 5/13/2015 finds that the bond amount for WALTER A.

MORRIS, as Trustee of the GARY F. MORRIS, SR., 2013 TRUST is reduced to $152,137.88, which is the

amount of net proceeds [distributed to the seller of the Trust real property] plus 10%.

Declaration of Clerical Error and Omissions filed 10/2/2015 attaches as Exhibit B a copy of the

Bond renewal that was mailed to Walter Morris, and states it is unknown what Walter Morris did

with it.

Order on Ex Parte Petition for Payment of Allowance to Gary Morris, Jr. for Housing Pursuant to

Article 2, Section 2.04(D) of the Gary Morris, Sr. Revocable Trust dated 9/3/2013 filed on 1/29/2016

was withdrawn and dismissed on 3/10/2016.


5B Gary F. Morris, Sr. 2013 Trust Case No. 13CEPR01104

Attorney Nancy J. LeVan (for Petitioner Gary Morris, Jr.)

Fee Waiver Review

DOD: 10/19/2013 NEEDS/PROBLEMS/COMMENTS:

Continued from 5/31/2016.

Cont. from 100615,

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050316, 053116

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UCCJEA Updates:


FTB Notice File 5B – Morris

5B


6 Sally Fernandez (CONS/P) Case No. 14CEPR00359 Attorney Teixeira, J. Stanley (for Conservators Evangeline Fernandez and Laura Rudd)

Petition for Transfer

EVANGELINE FERNANDEZ, Mother, and LAURA

RUDD, Sister, were appointed Co-Conservators

of the Person on 5/29/14.

COURT INVESTIGATOR filed this Petition for

Transfer on 5/25/16. Notice of Hearing was

mailed to the Co-Conservators, their attorney,

and the Conservatee on 5/25/16.

Petitioner states the Co-Conservators and the

Conservatee currently reside in Irvin, CA;

therefore, Orange County is the appropriate

venue pursuant to Probate Code §2215.

The petition recommends that fees and costs

related to the transfer be waived.

NEEDS/PROBLEMS/

COMMENTS:

Note: The Court will set a

status hearing for the receipt

of the file by Orange County

Superior Court as follows:

Tuesday, January 10,

2017

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UCCJEA Updates:


FTB Notice File 6- Fernandez

6


7 Nhia Yer Lee (Estate) Case No. 14CEPR00403

Attorney Eric R. Brown, of Carmichael (for Petitioner Lee X. Yang, Administrator)

Attorney Marvin T. Helon (Court-appointed Guardian ad Litem for minor beneficiaries)

Attorney William C. Seiffert, of Citrus Heights (for Jason Yang, Claimant)

Probate Status Hearing Re: Agreement to Sell the Property

DOD: 1/16/2014 LEE X. YANG, nephew, was appointed Administrator with Full

IAEA Authority without bond on 7/7/2014. Letters issued on

7/23/2014.

First Account and Report of Status Administration was filed

9/18/2015, subsequent to the filing of a First and Final Report

of Administrator on Waiver of Account, etc., on 3/9/2015.

Minute Order dated 6/7/2016 from the last hearing on the

First Account set this matter for status on 7/12/2016 and

states: Mr. Brown will be filing an amended petition. The

Court indicates that if the property is sold, the Court will

order that any net proceeds are to be placed into a

blocked account. On 7/12/2016, the Court will consider the

issues of bond and limited authority, as well as set status

hearings.

Supplemental Report of Status of Administration filed

7/5/2016.

NEEDS/PROBLEMS/

COMMENTS:

1. Need

amended final

account.

Cont. from

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✓ Status Rpt Reviewed on:

7/6/16



FTB Notice File 7- Lee

7


8 Neveah Musgrave & Lillie Musgrave (GUARD/P) Case No. 14CEPR01146 Guardian Musgrave, Leon (Pro Per) Probate Status Hearing RE: Proof of Guardianship in Ohio

Neveah Age: 9 LEON MUSGRAVE, maternal great-

grandfather was appointed guardian on

02/24/2015.

Order Fixing Residence Outside of the State

of California was granted on 11/10/2015

allowing the petitioner to move to the state

of Ohio.

A Status Hearing regarding Proof of

Establishment of Guardianship in Ohio was

set for 04/12/2016.

Minute Order of 04/12/2016: states there

was no appearances. The Court issues an

Order to Show Cause to Leon Musgrave as

to why he should not be removed as

guardian for failure to establish a

guardianship in Ohio and failure to be

present today. Leon Musgrave is ordered to

be personally present or present via

CourtCall on 05/24/2016.

Minute Order of 05/24/2016: The Order to

Show Cause is vacated. Counsel

represents that a hearing in Ohio is set for

07/06/2016. The Court admonishes that

paper proof of the guardianship must be

filed.


Lillie Age: 8

Cont. from

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UCCJEA Updates:


FTB Notice File 8- Musgrave

8


9 Josephina Lemus (GUARD/P) Case No. 15CEPR00786 Attorney: Jennifer Walters (for Guardian Maria Lemus Cisneros)

Petitioner: Julia Pena (pro per)

Petition for Visitation

JULIA PENA, maternal aunt, is petitioner.

MARIA LEMUS CISNEROS, paternal aunt,

was appointed guardian on 3/16/16.

Please see petition for details.

Response to Petition for Visitation filed

by Maria Lemus on 6/16/16

Declaration of Julia Pena filed on

6/21/16


6/24/16


6/28/16


For Respondent Maria Lemus

Cisneros:

1. Response filed on 6/16/16 does

not include a proof of service.

Cont. from

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UCCJEA Updates:


FTB Notice File 9- Lemus

9


10 William George Bongardt (Estate) Case No. 15CEPR00842 Administrator: Zepure "Zeppy" Attashian (self-represented)

Probate Status Hearing RE: Filing of the Inventory and Appraisal

DOD: 11/27/2014 ZEPURE “ZEPPY’ ATTASHIAN, attorney

and named executor, was appointed

Executor with full IAEA without bond on

11/12/2015.

Letters issued 11/16/2015.


OFF CALENDAR Final I&A filed 6/27/2016.

Cont. from 041916,

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Aff. Posting Reviewed by: SEF


UCCJEA Updates:


FTB Notice File 10- Bongardt

10


11 Keanna Tokumoto, Zoe Bailey, and Ryan Castillo (GUARD/P)

Case No. 15CEPR00941 Petitioner Castillo, Valerie (Pro Per – maternal aunt)

Petition for Appointment of Guardian of the Person

TEMPORARY EXPIRES 01/26/16; extended

to 3/22/2016; extended to 4/19/2016;

extended to 5/31/2016; extended to

7/12/2016

VALERIE CASTILLO, maternal aunt, is

Petitioner.

Objection to Guardianship filed 10/22/15

by Patricia Castillo.

Court Investigator filed a report on

11/23/15.

Declaration of Patricia Castillo filed

11/25/15.


Continued from 5/31/2016. Minute

Order states the Court finds due

diligence as to Byron Tokumoto, and

parties represent that the paternal

grandparents of Ryan are both

deceased. Matter is continued for

notice as to Will Bailey, father of Zoe,

and Will Bailey, paternal grandfather

of Zoe. The Court admonishes that

parties should never bring a minor to

court.

The following defects from the last

hearing remain:

1. Need proof of service 15 days

before the hearing of Notice of

Hearing with a copy of the Petition

for Appointment of Guardian of the

Person or Consent & Waiver of

Notice, or Declaration of Due

Diligence, for:

a. Will Bailey, Zoe’s father;

b. Will Bailey, Zoe’s paternal

grandfather.

Note for background: Minute Order

dated 2/2/2016 from a previous

hearing states, in pertinent part, that

the Court orders that all visits are to

be supervised by Valerie Castillo.

Cont. from 120115,

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Aff. Posting Reviewed by: JF / LEG


UCCJEA Updates:


FTB Notice File 11 – Tokumoto/Bailey/Castillo

11


12 Reginald D. Mehling (Estate) Case No. 15CEPR01242 Attorney Bagdasarian, Gary G. (for Executor Karen Sims)

Waiver of Accounting and Report of Executor and Petition for Its Settlement; Waiver of

Executor's Commissions; for Allowance of Attorney's Fees for Ordinary Services, for Costs

Reimbursement, and for Final Distribution

DOD: 11/30/15 KAREN SIMS, Executor with Full IAEA

without bond, is Petitioner.

Accounting is waived

I&A: $266,500

POH: $266,500

(real property plus two vehicles)

Executor waives statutory

compensation

Attorney (Statutory): $8,330.00

Costs: $435.00 (filing)

Distribution pursuant to Decedent’s will

and agreement between heirs:

Karen Sims: A 50% interest in the real

property in vehicles

Daniel Mehling: A 50% interest in the

real property in vehicles


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UCCJEA Updates:

Citation Recommendation: SUBMITTED

FTB Notice File 12- Mehling

12


13 Wilma Dell Tashjian (CONS/E) Case No. 16CEPR00056 Attorney Istanboulian, Flora (Court appointed attorney for Conservatee)

Petition for Attorney Fees, for Reimbursement of Fees Advanced, and for Termination of

Services of Attorney

FLORA ISTANBOULIAN is Petitioner.

Petitioner was court appointed to

represent the Conservatee on 1/27/16.

Pursuant to stipulation, the Fresno

County Public Guardian was appointed

Conservator of the Estate only on

5/9/16.

Petitioner requests fees in connection

with the representation of the

Conservatee for the petition to appoint

a conservator of the person and estate.

Petitioner requests that she be paid

$4,957.50 plus $435.00 filing fee from the

conservatorship estate for 19.83 hours @

$250/hr. Services include review of file

and medical records, speaking with

County Counsel and Public Guardian,

visits with client, conference calls,

meetings, appearance at hearings,

review of stipulation for settlement, as

itemized in petition.

Petitioner requests an order:

1. Approving compensation of

$4,957.50 plus $435.00 for filing;

2. That her services as attorney of

record for the Conservatee are

terminated; and

3. Such other relief that the Court

considers proper.


1. Petitioner does not appear make

any allegations re ability of the

conservatorship estate to pay

the requested compensation.

The Court may require

clarification.

Note: Letters issued to the Public

Guardian on 5/24/16; I&A has

not yet been filed. The original

petition estimated the

conservatorship estate at

approx. $5,000 in personal

property plus annual income of

$33,178.80.

Note: Status hearing is set for

9/12/16 for the PG to file the I&A.

Aff.Sub.Wit.

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CI Report

9202

Order



UCCJEA Updates:


FTB Notice File 13- Tashjian

13


14A Marina Amezcua, Mikko Padilla, Ehli Chapel (GUARD/P) Case No. 16CEPR00096

Petitioner: Courtney Nicole Hoover (Pro per)

Petitioner: Hopie Marie Varela (Pro per)

Petition for Appointment of Guardian of the Person (for Ehli Chapel only)

NO TEMPORARY (not requested)

COURTNEY HOOVER and HOPIE VARELA,

friends of mother, are petitioners and request

appointment as co-guardians of the person

of Ehli Chapel only

See petition for details.


This petition is as to Ehli only.

Minute order dated 4/6/2016

continued matter to 5/11/2016

for service of the biological

father, Robert Campos, and the

paternal grandparents.

Courtney Hoover (petitioner)

was to bring paper proof to the

5/11/2016 hearing re: her two

warrants being cleared.


continued matter to 7/12/2016.

The following issues still exist:

1. Need proof of personal service

15 days before hearing of

Notice of Hearing with copy of

petition or consent and waiver

of notice for:

a. Robert Campos (biological

father) – unless court

dispenses with notice

2. Need proof of mailed service



petition or consents and

waivers of notice:

a. Paternal grandfather –

unless court dispenses with

notice

b. Paternal grandmother -


notice.

See additional page.

Cont. from 040616,

051116

Aff.Sub.Wit.

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✔ UCCJEA Updates:


FTB Notice File 14A- Chapel

14A


14A Marina Amezcua, Mikko Padilla, Ehli Chapel (GUARD/P) Case No. 16CEPR00096

Page 2

NEEDS/PROBLEMS/COMMENTS, continued:

3. Petition lists address of proposed co-guardians, Courtney Hoover and Hopie Varela at: 3221 Lee

Street in Selma. However, Courtney Hoover filed recent papers in this case file indicating her address is

now: 504 E. Andrews. Need clarification as to current address.

4. Per item 3 above, may need revised Orders and Letters reflecting the current address of petitioners.


14B Marina Amezcua, Mikko Padilla, Ehli Chapel (GUARD/P) Case No. 16CEPR00096

Petitioner: Christina Padilla (Pro per)

Petition for Appointment of Guardian of the Person (for Mikko Padilla only)


CHRISTINA PADILLA, friend of mother, is

petitioner and requests appointment as

guardian of the person of Mikko Padilla only.



This petition is as to Mikko

only.

Please see competing petition

filed by Courtney Hoover (as

to Mikko) on page 14C.


continued matter to 5/11/2016 for

service of the biological father,

Robert Campos, and the paternal

grandparents. [Minute order

indicates that Petitioner, Christina

Padilla, was not present.]


continued matter to 7/12/2016,

and the following issues still exist:

5. Need proof of personal service



petition or consent and waiver

of notice for:

a. Robert Campos (father) –


notice

6. Need proof of mailed service



petition or consents and

waivers of notice or

declarations of due diligence

for:

a. Paternal grandfather

b. Paternal grandmother

Cont. from 040616,

051116

Aff.Sub.Wit.

✔ Verified

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Notice of

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x

Aff.Mail x

Aff.Pub.

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✔ DSS Report

9202

✔ Order



✔ UCCJEA Updates:


FTB Notice File 14B- Padilla

14B


14C Marina Amezcua, Mikko Padilla, Ehli Chapel (GUARD/P) Case No. 16CEPR00096

Petitioner: Courtney Nicole Hoover (Pro per)

Petition for Appointment of Guardian of the Person (for Mikko Padilla only)


COURTNEY HOOVER, friend of mother, is

petitioner and requests appointment as

guardian of the person of Mikko Padilla

only.



This petition is as to Mikko only.

Please see competing petition

filed by Christina Padilla (as to

Mikko) on page 14B.

Petitioner:

7. Need Notice of Hearing.

8. Need proof of personal service 15

days before hearing of Notice of

Hearing with copy of petition or

consent and waiver of notice for:

a. Robert Campos (father) –


notice

9. Need proof of mailed service 15

days before hearing of Notice of

Hearing with copy of petition or

consents and waivers of notice or

declarations of due diligence for:

a. Paternal grandfather

b. Paternal grandmother

Cont. from

Aff.Sub.Wit.

✔ Verified

Inventory

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x

Aff.Mail x

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Objections

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CI Report x

9202

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✔ UCCJEA Updates:


FTB Notice File 14C- Amezcua/Padilla/Chapel

14C


15 Damian Robles, Adrian Robles (GUARD/P) Case No. 16CEPR00203 Petitioner Ramirez, Beatriz (Pro Per – Maternal Grandmother – Petitioner)


See petition for details. NEEDS/PROBLEMS/

COMMENTS:

Minute Order 6/7/16:

Examiner notes provided in

open court. The Court will

address the issue of the

mother residing in the home

of the petitioner at the

hearing on 7/12/16.

Note: It appears all service issues have now been cured.

Cont. from 042616,

060716

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UCCJEA Updates:


FTB Notice File 15- Robles

15


16 Daniel Newman (GUARD/P) Case No. 16CEPR00488 Petitioner Newman, Kristie Leigh (Pro Per – Maternal Grandmother – Petitioner)

Petitioner Newman, Roger Dale (Pro Per – Maternal Grandfather – Petitioner)


See petition for details. NEEDS/PROBLEMS/COMMENTS:

Aff.Sub.Wit.

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UCCJEA Updates:


FTB Notice File 16- Newman

16


17 Amelia Molina, Isabella Molina, Richard Molina, III, and

David Molina (GUARD/P) Case No. 16CEPR00493

Petitioner Theresa Molina (Pro Per, paternal grandmother)


NO TEMPORARY REQUESTED

THERESA MOLINA, paternal grandmother, is

Petitioner.

~Please see Petition for details~

Court Investigator’s Report was filed on

7/5/2016.


1. Need proof of service

by mail of the Notice of

Hearing with a copy of

the Petition for

Appointment of

Guardian, or Consent to

Appointment of

Guardian and Waiver of

Notice, or a Declaration

of Due Diligence, for:

Sierra Denney,

sibling over age 12.

Cont. from

Aff.Sub.Wit.

✓ Verified

Inventory

PTC

Not.Cred.

✓ Notice of

Hrg

✓ Aff.Mail W/

Aff.Pub.

Sp.Ntc.

✓ Pers.Serv.

✓ Conf.

Screen

✓ Letters

✓ Duties/Supp

Objections

Video

Receipt

✓ CI Report

Clearances X

✓ Order



✓ UCCJEA Updates:


FTB Notice File 17- Molina

17


18 The C & S Tsitouris Family Trust dated August 22, 2009 Case No. 16CEPR00512 Attorney Dostalova-Busick, Alice M. (for Petitioner Sandra Tsitouris)

Petition for Instructions and to Confirm the Revocability and Amendability of the

C &S Tsitouris Family Trust

Constantine Tsitouris

DOD: 7/24/15

SANDRA TSITOURIS, Sole Surviving Trust Maker, Trustee

and Beneficiary, is Petitioner.

Petitioner states she and her spouse Constantine

Tsitouris created the C&S Tsitouris Family Trust on 8/22/09

(Trust Makers). There have been no modifications or

amendments to date. See Exhibit A. Upon his death,

Petitioner became the sole trustee and beneficiary.

In order to properly administer the trust, Petitioner

requests the Court confirm that the trust is a single trust

for the benefit of the surviving Trust Maker and is fully

revocable and amendable by the sole surviving Trust

Maker.

Petitioner states she has personal knowledge of the

Trust Makers’ joint intention in creating the trust. In

particular, they created the trust to avoid the necessity

of probate following each of their deaths. As such, they

created a revocable trust which they believed was for

their benefit during each of their lifetimes and would

facilitate the transfer of assets without probate. Thus, it

was the Trust Makers’ understanding and intent that the

trust assets would continue in a single or survivor’s trust

for the sole benefit of the surviving Trust Maker during

his or her lifetime.

Upon Constantine’s death on 7/24/15, Petitioner sought

the assistance of legal counsel to administer the trust. It

was at this time that she discovered that the trust did

not provide any administrative instructions following the

first death. This drafter’s error occurred because the

Trust Makers created the document themselves without

advice of legal counsel or other professionals.

Nevertheless, taking the trust instrument as a whole, it is

clear on its face that the Trust Makers created a trust

that was amendable and revocable by each of them

during teach of their lifetimes, and that the trust assets

were to remain in a single survivor’s trust for the sole

benefit of the surviving Trust Maker.

SEE ADDITIONAL PAGES

NEEDS/PROBLEMS/

COMMENTS:

Aff.Sub.Wit.

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Status Rpt Reviewed on:

7/6/16

UCCJEA Updates: 7/7/16,

7/11/16


FTB Notice File 18- Tsitouris

18


18 The C & S Tsitouris Family Trust dated August 22, 2009 Case No. 16CEPR00512

Page 2

Section Three of the Trust states: “THIRD: RESERVATION AND GRANT OF RIGHTS AND PROVILEGES. The

Trust Makers specifically reserve and grant the following rights and privileges: A. During the lifetime of

the Trust Makers, this trust may be altered, amended, or revoked in whole or in part….” (Trust

Agreement, p. 1).

The express language of the trust states that during their lifetimes, and Sandra is still living, the trust

may be altered, amended, or revoked. Moreover, the law states that unless a trust is expressly made

irrevocable by the trust instrument, the trust is revocable by the settlor (Probate Code §15400). That is

the case here where there is no express statement in the trust document that any portion becomes

irrevocable at the first Trust Maker’s death.

Thus, based on the foregoing, Sandra is requesting the Court to confirm that the Trust is revocable

and amendable by her as the surviving Trust Maker, and is for her sole benefit during her lifetime, as

was contemplated and intended by the Trust Makers when the Trust was created.

The law recognizes the Court’s equitable power to address a drafter’s error and reform the instrument

so as to conform to the settlor’s intentions. See petition for citation. Here, the Trust Makers created a

Trust document. They did not seek assistance of professionals and as a result the typical

administrative provisions found in trusts following the first Trust Maker’s death are missing. Petitioner is

now requesting the Court’s assistance to correct the drafting error and confirm the Trust Makers’

intent that the trust is a single, survivor’s trust that is for Petitioner’s sole benefit during her lifetime, and

that she retains all of the rights and powers to amend and revoke the trust.

Petitioner is the sole beneficiary during her lifetime. Following her death, Sandra and Constantine’s

children are contingent remainder beneficiaries. Petitioner lists the names and addresses of the

persons entitled to notice as: Ambra and Jeffrey Wright of Magalia, CA (Petitioner’s daughter and

son-in-law), and Petitioner’s step-sons Eric Tsitouris, of Port Orchard, WA, Joshua Tsitouris, incarcerated

in San Luis, AZ, and Ethan Tsitouris, a minor, c/o Mary Jo Sterling, in Flagstaff, AZ.

Petitioner prays for an order:

1. Confirming that the trust is a single, survivor’s trust;

2. Confirming that the trust is for Petitioner’s sole benefit during her lifetime;

3. Confirming that Petitioner has the power to amend, revoke, or alter the trust in whole or in part;

and

4. For such other orders that the Court may deem proper.

Note: Declaration of Alice M. Dostalova-Busick filed 7/8/16 states venue is proper in Fresno because

the trust account is principally located and managed with a financial advisor in Fresno. Additionally,

Petitioner is in the process of relocating to Fresno, CA. Thus, the day to day activity of the trust is

carried on by the trustee from Fresno.


19 Mauricia Yanez (Det. Succ) Case No. 16CEPR00575 Attorney: Timothy J. Lopez (for Petitioner

Petition to Determine Succession to Real Property

DOD: 10/16/07 ESTHER YANEZ, daughter, is

petitioner.

40 days since DOD.

No other proceedings.

Decedent died testate?/intestate?

I & A - $145,000.00

Petitioner requests Court

determination that Decedent’s

100% interest in real property

located in Fresno passes to her

pursuant to intestate succession.


OFF CALENDAR. Amended

Petition filed and set for hearing on

8/16/16.

1. #5 of the petition was not

answered whether or not the

decedent died testate or

intestate.

2. Need date of death of deceased

spouse. Local Rule 7.1.1D.

Cont. from

Aff.Sub.Wit.

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FTB Notice File 19- Yanez

19


20 Ameliafrances Paul Living Trust Case No. 16CEPR00584 Attorney Janisse, Ryan Michael (for Petitioner Cynthia Oliphant)

Petition to Determine Interest in Property

Ameliafrances Paul

DOD: 5/14/15

CYNTHIA OLIPHANT, Co-Trustee, is Petitioner.

Consent of Co-Trustee DONNA THERESA

AMELIA MATTERN to the relief sought in the

petition was filed on 6/28/16.

Petitioner states Ameliafrances Paul (the

settlor) created the trust on 6/12/08. See

Exhibit 1. The settlor died 5/14/15. Pursuant to

Section 3.03 of the trust, upon the

decedent’s death, Petitioner and her sister

became successor co-trustees.

In Section 1.03(a) of the trust, the decedent

provided that the property described in

Schedule A is conveyed to the trustee. The

decedent also executed a pour-over will,

attached at Exhibit 2.

Despite specifically referencing the real

property on Mansionette in Fresno, title at the

decedent’s death remained vested in the

decedent’s individual name.

With reference to Estate of Heggstad,

Petitioner states it was decedent’s intention

that the Mansionette property be held,

administered and distributed under the terms

of the trust and Petitioner alleges that it is not

subject to probate administration.

Petitioner requests an order that:

1. Ameliafrances Paul transferred the

Mansionette Property to the trust by

means of assignment;

2. Confirming Cynthia Oliphant and Donna

Theresa Amelia Mattern as Co-Trustees of

the Trust are the owners of the

Mansionette Property;

3. Authorizing and directing Petitioner to

execute any documents necessary to

complete the conveyance or transfer of

the property to the trustees; and

4. For all other orders the Court deems just

and proper.


Aff.Sub.Wit.

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FTB Notice File 20- Paul


20

21 Wanda Joyce Owens (CONS/PE) Case No. 16CEPR00681 Petitioner: Mark Owens (Pro per – Nephew)

Attorney: Deborah Boyette (court-appointed for Proposed Conservatee)

Petition for Appointment of Temporary Conservator of the Person and Estate

21

GENERAL HEARING 8/11/2016

MARK OWENS, nephew, is petitioner and

requests appointment as conservator of

the person and estate without bond.



Petitioner:

1. Need proof of service of Notice

of Hearing at least 5 days

before the hearing on:

a. Garland Wood (brother)

2. Petitioner requests appointment

of the estate with no bond.

Probate Code 2320 states

except as otherwise provided

by statute, every person

appointed as conservator shall,

before letters are issued, give a

bond approved by the Court.

Bond should be set at $32,732

(value of the personal property,

annual income and cost of

recovery. (Probate Code 2320

and California Rules of Court

7.207.)

Cont. from

Aff.Sub.Wit.

✔ Verified

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Aff.Pub.

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UCCJEA Updates:


FTB Notice File 21- Owens


22 Daniel Ortiz, Adrian Ortiz, Makaila Ortiz, Jeremiah Ortiz (GUARD/P)

Case No. 16CEPR00406 Petitioner Rodriguez, Christina (Pro Per – Paternal Grandmother – Petitioner)

Status RE: Appointment of Temporary Guardian

GENERAL HEARING CONT. TO 7/25/16

CHRISTINA RODRIGUEZ, Paternal

Grandmother, filed a Petition for

Guardianship of the four minors on 4/12/16

that was heard on 6/13/16.

On 6/13/16, the Court set the matter for

Status re Proof of ID on 6/20/16.

On 6/20/16, VALERIE SAINZ, Mother, was

ordered to drug test immediately and the

matter was continued to 7/5/16.

Minute Order 7/5/16 states: The Court

Investigator is ordered to interview the

parties again including Elissa (Maternal

Grandmother). The Court is interested to

know the recommendation on whether

the guardianship should be granted or if

the children should stay with Elissa. Also,

when was the last time Christina (Paternal

Grandmother/Petitioner) had visited with

the children and for how long. The Court

would also be interested in the status of

Christina’s minor son being in a gang.

There are to be no visits with the mother at

this time. The children may visit with

Christina at Elissa’s house for 2 hours on

Wednesday and Friday from 11-1 unless

parties can mutually agree on a different

time.

The Court set this hearing on 7/12/16 re

appointment of a temporary guardian.

Court Investigator filed a Supplemental

Report on 7/7/16.

Petitioner Christina Rodriguez filed

additional declarations on 7/8/16.


Aff.Sub.Wit.

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FTB Notice File 22- Ortiz

22


23 Sarah Gallinetti (CONS/P) Case No. 16CEPR00693

Attorney Nikole E. Cunningham (for Petitioners Jake Gallinetti and Kathryn Gallinetti)

Petition for Appointment of Temporary Conservator of the Person

TEMPORARY GRANTED EX PARTE EXPIRES

7/12/2016

GENERAL HEARING SET FOR 8/10/2016

JAKE GALLINETTI and KATHRYN GALLINETTI

parents, are Petitioners.

~Please see Petition for details~

Court Investigator’s Report was filed

7/7/2016.


1. Pursuant to Probate Code

2250.2(c), need proof of five (5)

court days’ notice by personal

service of the Notice of Hearing

and a copy of the Petition for

Appointment of Temporary

Conservator for:

Sarah Gallinetti, proposed

Conservatee, if Court does not

excuse notice as Petitioners

request.

2. Pursuant to the Order on Ex

Parte Application for Good

Cause Exception to Notice filed

7/1/2016, need proof of five (5)

court days service by mail of

the Notice of Hearing and a

copy of the Petition for

Appointment of Temporary

Conservator for:

Central Valley Regional

Center (CVRC).

~Please see additional page~

Cont. from

Aff.Sub.Wit.

✓ Verified

Inventory

PTC

Not.Cred.

Notice of

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Aff.Mail X

Aff.Pub.

Sp.Ntc.

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✓ Conf.

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✓ Duties/Supp

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✓ CI Report

9202

Order X





FTB Notice File 23- Gallinetti

23


23 Additional Page, Sarah Gallinetti (CONS/P) Case No. 16CEPR00693

NEEDS/PROBLEMS/COMMENTS, continued:

3. Item 14 of Confidential Conservator Screening form filed 6/30/2016 for both Petitioners does not

include explanation in Attachment 14 as required.

4. Need proposed order and proposed letters, as those previously submitted were used to grant the

temporary petition ex parte.

tuesday, july 12, 2016 - fresno.courts.ca.gov · 12 15cepr01242 reginald d. mehling (estate) 20...

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